Wallace v. Wallace
Supreme Court of Iowa
Appeal from Lucas District Court.— Hon. M. A. Eoberts, Judge. Action in equity brought by plaintiff,' as tbe widow of Tbomas D. Wallace, who died on March 30, 1906, to set aside a deed, of said Thomas D. Wallace-to his children by a former marriage, which deed, as plaintiff alleges, was executed and recorded within two days prior to the marriage of said Thomas D. Wallace to plaintiff, without plaintiff’s knowledge and without consideration, and with the fraudulent intent and…
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Appeal from Lucas District Court.— Hon. M. A. Eoberts, Judge. Action in equity brought by plaintiff,' as tbe widow of Tbomas D. Wallace, who died on March 30, 1906, to set aside a deed, of said Thomas D. Wallace-to his children by a former marriage, which deed, as plaintiff alleges, was executed and recorded within two days prior to the marriage of said Thomas D. Wallace to plaintiff, without plaintiff’s knowledge and without consideration, and with the fraudulent intent and purpose of preventing plaintiff from having and obtaining her dower interest in the real estate which said deed…
1Opinion of the CourtMcClain, J.
The evidence shows that Thomas D. Wallace was; prior to March, 1890, the owner of two hundred acres of land which was described in a deed to his. children by a former marriage executed on the 20th of that month and filed for record on the 22d, the marriage of plaintiff taking place later in the same day. The deed recited a consideration of $50, and contained a reservation to' the grantor of the use and control of the land during his natural life. The evidence shows also that plaintiff believed at the time of the marriage that her husband was still the owner of the land and that he remained…
2Cases cited8 opinions
- Buzick v. BuzickSupreme Court of Iowa · 1876
- Hamilton v. SmithSupreme Court of Iowa · 1881
- Beechley v. BeechleySupreme Court of Iowa · 1906
- State v. HigginsSupreme Court of Iowa · 1903
- Lucas v. WhiteSupreme Court of Iowa · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rankin v. SchiereckSupreme Court of Iowa · 1914
- Bell v. DufurSupreme Court of Iowa · 1909
- Strong v. WoodSupreme Court of Iowa · 1981
- Dashner v. DashnerSupreme Court of Iowa · 1909